Il munus della pretura a Roma e a Costantinopoli nel corso del tardo impero romano

Abstract

The work, turned to analyse the title 6.4 De praetoribus et quaestoribus of CTh, is conceived in the light of the constitutional structure of the late Roman empire, of the rules concerning the senatorum lectio (based on the fact that ordo senatorius is to identify with the senate) and of the bigger influence of the senate of Rome compared with the senate of Constantinople. The legislation of the late Roman empire shows that the praetura is formally defined as munus only from the times of Marcian (CJ, 1.39.2), even though appears like this evolved at least from the times of Constantine. The different weight of the two assemblies, that involved bigger burdens to disadvantage of the senators of Rome, can be ascertained also in matter of evasion of duty of the praetura and seems to confirm a thesis relating to protostasia (introduced by Constantius II with regard to the senators of Constantinople as method of exaction in matter of praebitio tironum, then applied by Valens to all subjects of pars Orientis and ...